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(영문) 서울중앙지방법원 2015.11.27 2015가단80858
소유권이전등기말소
Text

1. On October 17, 2014, the Defendant registered the Seoul Central District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 8, 2009, the Plaintiff and the Defendant’s attached C died.

The heir has been the son, the son, the son, the son, the son, and the son.

B. As the deceased’s inherited property, the real estate indicated in the attached list (hereinafter, this case’s real estate) and buildings with a size of 98 square meters and its ground (hereinafter, “instant two real estate”) in Seoul Special Metropolitan City, Gwanak-gu.

C. The inheritors agreed to divide the instant 1 real estate into the Plaintiff’s sole ownership, and the instant 2 real estate into co-ownership with the Defendant.

Nevertheless, in supervising the registration procedure following the agreement on division of the above inherited property, the Defendant completed the registration of transfer of ownership in the name of the Defendant solely for the reason of inheritance due to the agreement division No. 234289, Oct. 17, 2014, which was received on October 17, 2014 by the Seoul Central District Court, as to the instant real estate No. 2 under the name of the Defendant and D.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence No. 4 and purport of the whole pleadings

2. According to the above facts, since the ownership transfer registration with respect to the real estate of this case in the name of the defendant was completed without any cause, the defendant is obligated to implement the registration procedure for cancellation of the above registration to the plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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